GTC

Status: 16.11.2022; This is an automatic translation, in case of dispute the original German version of the GTC shall apply.

Speer Racing GmbH Sportveranstaltungen, Steigaeckerstr. 1A, D-72768 Reutlingen, Germany

- herinafter "SRS" -

1. Scope

These terms and conditions apply to contracts for the organization and implementation of events, events, training (including driving safety, Getting Started, instructor training, sports driver training, Monday training, race training, Euro Cup, RegioCup, Toni Mang Training, Gunti Racing, car training, etc.) and all related services and deliveries of SRS and its contractual partners.

The customer's terms and conditions of business shall only apply if they have been expressly agreed in advance. In the event of legal disputes, the place of jurisdiction is generally the registered office of SRS; German law is deemed to be agreed.

2. Conclusion of contract, content of contract, withdrawal of the organizer

The contract is concluded directly between the participant and SRS; in principle, a booking cannot be made via third parties (minimum age requirement, data protection, infection protection if applicable, resulting documentation and verification obligations of SRS towards third parties)!

The contract is concluded by the confirmation of participation by email from SRS to the customer.

The minimum age for participation is 16 years for liability and insurance reasons. Younger participants may be allowed to participate after consultation with SRS (mandatory before registration), if appropriate qualifications are available (racing license or similar) and the event and / or the course character does not prevent it. If the participant is a minor, the consent of at least one parent or guardian is mandatory.

The scope of the contractual services results bindingly from the service description of the offer for the event period, as well as from the information referring to this in the event confirmation / invoice.

SRS employees are not authorized to make verbal subsidiary agreements.

SRS can withdraw from the contract in case of force majeure such as extreme weather situations, cancellation by the race track operator, failure to reach the minimum number of participants or for other important reasons. In this case, the participant will be refunded the participation fee in full. Further claims of the participant against SRS are excluded, except in cases of intentional or grossly negligent behavior of SRS or its vicarious agents. SRS is not liable for the loss of driving time on the race track due to a fall, due to other driving impairments, due to vehicle damage or due to bad weather conditions or similar. In such cases, the participant has no right to reimbursement or reduction of the participation fee.

3. Payment methods and terms, credit balance

With his registration, the customer undertakes to pay immediately the participation fee valid at the time of booking as well as the costs for any additional services booked ("payment term immediate").

SRS has the right to change the participation fee for an event at any time; in principle, the price stated on the Internet at the time of booking applies. A subsequent change of the price for already existing bookings is of course excluded.

The customer is offered various payment methods via a payment service provider (PSP), which are generally free of charge for the customer. The general terms and conditions of the PSP apply, which are made available to the customer before the payment process is completed.

Cash payments will only be accepted if made at the time of registration.

In case of a registration only at the event location, the participant has to pay a handling fee of EUR 20,-- in addition to the valid participation fee and the costs for any additional services booked.

Credit:
SRS may create a credit account for each customer in the form of a personalized voucher ("Private Coupon") with a unique code. The code is communicated to the customer when the voucher is created for the first time. SRS will be happy to provide information about the credit balance and its development upon request. The credit account and its management are free of charge. No interest is paid on existing credit balances. The credit account cannot be overdrawn. Existing credit is linked to the person of the account holder and is not transferable, not even partially.

The credit account can be filled by deposits from the customer or credits from SRS.

The credit can be used for the customer's bookings until it is completely used up; for this purpose, the voucher code must be stated when booking. A subsequent use of credit is not possible.

Credit is only applied to the participation fee of a booking, not to additional services. Any difference amounts remain either as credit or must be settled with one of the offered payment methods.

The refund of existing credit is generally not possible, unless the customer actively terminates the business relationship with SRS and informally requests deletion from the customer base, as he does not plan any further event participations in the foreseeable future. In this case, the credit will be transferred to a bank account to be named by the customer within 30 days of receipt of the request for deletion, less a processing fee of EUR 50.

4. Cancellation

Cancellation of a booked event must in any case be made in writing or by e-mail to SRS (racing@speer-racing.de),.

Cancellation of an event will incur the following costs:

Cancellation fees generally refer to the participation fee paid for the booked event; there are no cancellation fees for any additional services booked; only the additional service "rebooking option" (see below) is generally due in full.

The refund of the amount reduced by the cancellation costs is always made by bank transfer to a bank account to be named by the canceling customer.

Rebooking option: 
With the additional service "rebooking option", SRS offers for selected events the possibility to improve the cancellation conditions for the booked event against payment of a fee.

The rebooking option can be booked up to a maximum of 30 days before the start of the booked event and only as part of the booking - not subsequently after the booking has been completed. By booking the rebooking option, the customer acquires the right to cancel his booked event up to the day before the start of the event for one of the following reasons:

• Health reasons of the named participant
• Professional reasons of the named participant
• Technical reasons (e.g. defect of the motorcycle named for the event, which cannot be repaired until the booked event).

The reason must be reported to SRS immediately in writing or by email and must in any case be certified in writing by a competent third party (e.g. attending physician, employer, workshop, accident report or similar). SRS reserves the right to check the justification of the claim and to request further evidence if necessary.

In case of entitlement, the customer will receive a credit note from Speer Racing in the form of a personalized, non-transferable voucher for the amount paid incl. all additional services booked (with the exception of the costs for the rebooking option - these are due in full in any case). The voucher is valid until the end of the year following the year in which the voucher was issued (example: voucher is issued on June 30, 2022 à validity until December 31, 2023).

Substitute rider regulationIn principle:
The customer is entitled to assign his place to another person qualified to participate in the event booked by the customer ("substitute rider"). The substitute driver provided by the customer must only be named on site within the scope of the registration or must identify himself as such; prior information to SRS is not required.

The nomination of a substitute driver is basically free of charge. A possible payment of the substitute driver has to be made directly to the named customer.

A change of the booking (e.g. the addition or deletion of additional services) is generally not possible. Should the customer not be able to find a substitute driver and commission Speer Racing to find one, this is only possible if there is a waiting list and a lead time of at least 7 days until the start of the event. In case of success - SRS finds a replacement rider in the run-up to the event - the cancellation costs for the participant are reduced to 50% of the paid participation fee.

The participant is at liberty to prove that SRS has incurred no or lower costs due to the cancellation.

5. Disclaimer

The participant participates at his own risk in the events of SRS

The participant bears sole responsibility under civil and criminal law for all damage caused by him or by the vehicle he uses, unless otherwise stated in these General Terms and Conditions.

By submitting his registration, the participant declares the waiver of claims of any kind for damages arising in connection with the events against the organizer, the marshals, the medical staff, the race track owners, sponsors, race services and other persons connected with the organization of the event including their vicarious agents.

This exclusion of liability does not apply to damages resulting from injury to life, limb or health that are based on an intentional or negligent breach of duty - including a legal representative or vicarious agent of the group of persons liable - and does not apply to other damages that are based on an intentional or grossly negligent breach of duty - including a legal representative or vicarious agent of the group of persons liable.

Against the other participants (drivers or co-drivers), their assistants, the owners or keepers of the other vehicles, the participants waive claims of any kind for damages arising in connection with the training or the competitions. This exclusion of liability does not apply to damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty - including a legal representative or a vicarious agent of the group of persons liable - and does not apply to other damages based on an intentional or grossly negligent breach of duty - including a legal representative or a vicarious agent of the group of persons liable.

The participant himself is liable to the organizer for the fact that only he drives the vehicle registered by him.

SRS does not guarantee the condition of the race track and its facilities.

The participant is responsible for his or her own adequate insurance coverage (e.g. accident, liability, and, if applicable, motor vehicle and health insurance).

This liability provision does not cover claims under data protection law.

6. Protective clothing

Basically: every participant is obliged to protect himself from the consequences of an accident, fall or similar by wearing optimal protective clothing!

Suitable protective clothing is mandatory at all SRS events; for motorcycle events where participants ride on a race track this must consist of:

• Full face helmet
• Back protector
• Chest protector
• Leather suit with protectors (one-piece, two-piece suit must be connected by zipper)
• Motorcycle boots (overlap boots - pants must be given)
• Motorcycle gloves (overlap glove - sleeve must be given)

For motorcycle training that takes place outside of race tracks (e.g. driving safety training, lean angle training), textile clothing is also permitted, provided it has protectors.

At car events, protective clothing suitable for the race track (consisting of a fire-retardant driver's suit, gloves, possibly also HANS) is recommended, but - unless otherwise specified by the track - not mandatory; the wearing of a suitable protective helmet, however, is always mandatory. Likewise, seat belts are always mandatory!

Following these basic rules is essential to ensure safety. In case of violations, Speer Racing GmbH is entitled to exclude the participant from the event without further warning. A refund or reduction of the participation fee will not be made in these cases.

7. Technical provisions

In principle, the following applies: the vehicle used (whether motorcycle or car) must be in perfect, operationally safe condition; there must be no immediate danger from the vehicle itself; this applies in particular - but not only - to the following points:

Both for motorcycle and car:

• The driving noise must not exceed the respective limit value applicable for the race track.
  • In any case - regardless of a limit specified by the track - the sound level determined in the course of a static measurement must not exceed 105db
• The assigned start number must be attached to the vehicle in a clearly visible position from the front.
• SRS offers at least one drivers' meeting at each event, where information is provided about the valid technical regulations, the course of the day and any special features; attendance is also strongly recommended for experienced participants.
• A camera attached to the outside of the vehicle (in the case of cars) must be additionally secured against loss ("catch line", additional wire securing, etc.).

In addition, the following regulations apply to motorcycles:

Only vehicles with at least 57 kW (78 hp) are permitted at motorcycle events where racing takes place on the track. Vehicles of the categories moto3 and SuperSport300 are only allowed after consultation!

• Mirrors and license plates must be removed.
• Turn signals, headlights and rear and brake lights must be covered over a large area with opaque tape.
• Objects attached to the vehicle, such as suitcases and other protruding parts, must be removed by the participant before the start of the event.
• At multi-day events where races are offered and held, the oil drain plug must also be secured with wire and only pure water (no antifreeze) must be in the cooling system.

The participant is solely responsible for the proper technical condition of his vehicle!

Following these basic rules is essential to ensure safety. In case of violations, Speer Racing GmbH is entitled to exclude the participant from the event without further warning. A refund or reduction of the participation fee will not be made in these cases.

8. Behavior during the event

As a general rule, each participant must behave during the entire event in such a way that other participants are not endangered by his or her behavior; this applies in particular - but not only - to the following points:

• During the entire duration of the event, the participant must follow the instructions of the employees of SRS as well as the track operators.
• Should a participant require medical assistance in the course of an event, the participant releases the doctors treating him/her on site from their medical confidentiality obligation vis-à-vis Speer Racing employees.
• During the entire event there is an absolute ban on alcohol (0.0 per mille). Drinking alcohol, taking drugs or medication that impairs driving ability is prohibited for the entire day.
• In the training and possibly also in the races, drivers with different speeds can meet each other, therefore special caution and mutual consideration is required.
• Stopping on the track - for any reason - is strictly prohibited.
• The use of drones - no matter for what purpose - is strictly prohibited!
• SRS offers at least one drivers' meeting at each event, where information is provided about the valid rules, the course of the day and any special features; attendance is strongly recommended even for experienced participants.

Following these basic rules is essential to ensure safety. In case of violations, Speer Racing GmbH is entitled to exclude the participant from the event without further warning. A refund or reduction of the participation fee will not be made in these cases.

9. Infection control

The participant is obliged to comply with all hygiene measures specified by the responsible authorities. The participant will be informed about this in detail by SRS in advance of each event.

Following these hygiene rules is essential to ensure the best possible protection against infection. In case of violations, Speer Racing GmbH is entitled to exclude the participant from the event without further warning. A refund or reduction of the participation fee will not be made in these cases.

10. Transponder

The vehicle of each participant will be equipped with a transponder. The registration of the lap times serves only to verify the proper group assignment of the individual participant and not for sporting comparison. For safety reasons, a participant whose vehicle is not equipped with a transponder cannot take part in the event. Lap times will only be published at the request of the individual participant and for a fee. Should the transponder be damaged during use by the participant (for whatever reason, such as improper installation, fall, collision or similar) or lost, the participant must pay for repair or replacement. If a participant does not return the transponder after the end of the event, the transponder must be returned immediately by registered mail or insured package to SRS's place of business. If the transponder has not been received by SRS after 30 days after the end of the event, the replacement value of the transponder must be paid to SRS at the applicable daily price. SRS will issue a proper invoice for this and provide evidence of the actual costs incurred. In this case, the transponder becomes the property of the participant.

11. Photo shooting/publication of lap times

Any photographs and video recordings made by the participants of an event and their accompanying persons may be published by SRS without further approval, in particular they may be posted on the Facebook page of SRS for retrieval and viewing. By participating in the event, the participant declares his consent to this in the sense of § 22 of the German Art Copyright Act (Kunsturheberrechtsgesetz).

If the participant books the additional service "timekeeping" or this is included in the participation fee, he agrees that his best lap time of the event will be published both at the venue by notice and/or via monitor and via the Internet presence of SRS (homepage, Facebook, etc.) as well as publicly accessible databases such as www.mylaps.com.

12. House right

SRS reserves the right to exercise its domiciliary rights even without prior warning and to expel visitors, participants (or their escorts) as well as third parties in case of violation of the regulations listed here or by other unacceptable behavior.

Commercial sales at the venue, by whomsoever, are prohibited without the express written consent of SRS. In the event of violations, SRS is entitled to issue a ban without further warning. An offending participant may be excluded from the event without prior warning. A refund or reduction of the participation fee will not be made in these cases.

13. Privacy

When initiating, concluding, processing and reversing a contract with SRS, data is collected, stored and processed by SRS within the framework of the statutory provisions. By participating in the event, the participant declares his consent to this.

SRS assures that the participant's personal data will not be passed on to third parties unless SRS would be legally obliged to do so or the participant has expressly consented to this in advance. Insofar as SRS uses the services of third parties for the implementation and handling of processing procedures, the provisions of the Federal Data Protection Act will be complied with. The personal data that the participant provides to SRS when registering or by e-mail (e.g. name, contact details) are only processed for correspondence with the participant and only for the purpose for which they were provided to SRS.

SRS only passes on the participant's data to shipping companies commissioned with the delivery, insofar as this is necessary for the delivery of goods. For the processing of payments, SRS passes on the participant's payment data to the credit institution commissioned with the payment. Personal data that has been communicated to SRS via its website is only stored until the purpose for which it was entrusted has been fulfilled. Insofar as retention periods under commercial and tax law are to be observed, the duration of the storage of certain data may be up to 10 years.

When visiting the Internet offer of SRS, the IP address currently used by the PC of the participant, date and time, the browser type and the operating system of the PC of the participant as well as the pages viewed by him are logged. Conclusions on personal data are not possible for SRS and are not intended.

If the participant no longer agrees to the storage of his personal data or if they have become irrelevant, SRS will, upon appropriate instruction, arrange for the deletion, correction or blocking of the participant's data within the framework of the legal provisions, also - as far as possible - with third parties. Upon request, the participant will receive information free of charge about all personal data that SRS has stored about him or her. If the participant has any questions about the collection, processing or use of his personal data for information, correction, blocking or deletion of data, please contact:

Speer Racing GmbH Sporting events
Steigäckerstr. 1A
D-72768 Reutlingen
Tel.: 07121/768080
Fax: 07121/7680851
racing@speer-racing.de
www.speer-racing.de

14. Final provisions

Place of payment is the registered office of Speer Racing GmbH, Reutlingen.

Exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions is the registered office of SRS. If a contractual partner fulfills the requirements of § 38 para. 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction of Speer Racing GmbH shall apply.

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In case of mutual commercial purchase, the registered office of SRS is the sole place of jurisdiction.

Should one or more provisions of these Terms and Conditions become invalid or contain a loophole, this shall not affect the remaining provisions. In this case, the contracting parties shall be obliged to replace the invalid provision with one that comes as close as possible to the invalid provision in economic terms or fills the gap.

Speer Racing GmbH Sportveranstaltungen, Steigäckerstr. 1A, D-72768 Reutlingen